(Closed) Hubs owes the IRS…

posted 6 years ago in Money
Post # 3
Member
231 posts
Helper bee

Whether you legally change your name has no effect on anything – if the properties are solely in your name, they will remain in solely your name regardless of whether you change it to your married name.  If you file joint returns though, your refund will be applied to his outstanding liability unless you also file an injured spouse claim with the returns – the injured spouse claim will allow you to receive whatever portion of the joint refund that is attributable to your income.  The portion attributable to his income will be held and applied to the liability.

Post # 4
Member
213 posts
Helper bee
  • Wedding: June 2012

im not really sure what changing your name has to do with it. Of course I am not a professional tax advisor or laywer…. but (and i could be wrong) that married is married is married. A name change doesnt make it any different in the eye of the IRS. Once you are married you will either file “married filing spell separately” or “married filling jointly” I dont think hididng behind your maiden name is going to make a difference…

hopefully someone knows more than i do and can help you out

Post # 5
Member
2065 posts
Buzzing bee
  • Wedding: December 2011

@jjilyeah:  Your taxes are linked to your social security number, not the name you put on the forms. So if you’re married, it doesn’t matter what name you use, you will be married for tax purposes, filing separately or jointly. And any property obtained before the marriage is still just yours unless you put his name on it like any other asset. Go ahead and change your name if you want.

Post # 6
Member
3692 posts
Sugar bee
  • Wedding: December 2011

Is your “tax guy” a CPA, or just one of the people from one of the tax prep places?  Because what he told you sounds wrong.

I’m pretty sure that you getting married doesn’t automatically make the property your husband’s as well, even if you change your name.  

I know for a fact that if you file your taxes jointly, they will take any refund you had coming and apply it to his debt.  It’s what happened to me this year with my husband’s IRS bill.  

Post # 7
Member
6124 posts
Bee Keeper
  • Wedding: August 2012

Did your Fiance do something incorrect to lead to $9k in backtaxes?  Or was he following all the rules?

 

I ask because my dad owes tons of back taxes, but I know he didn’t do things correctly which would be a huge red flag to me.

Post # 8
Member
3692 posts
Sugar bee
  • Wedding: December 2011

Did your Fiance do something incorrect to lead to $9k in backtaxes?  Or was he following all the rules?

@sienna76:  I can’t speak for the OP, but my husband ended up owing close to that amount because he was a moron and claimed something like 6 exemptions on his W-4 as a single guy with no kids!  He was trying to get as much to take home out of each paycheck as possible.  I’m pretty sure it was due to bad advice his father gave him, and that it would all even out come tax time with itemized deductions (he takes the freakin’ standard deduction because he doesn’t have enough itemized deductions to make it worth it).  For some dumb reason, Darling Husband thought he would be able so save $3000 in a year and pay it off.  Well, he didn’t, and this went on for a couple of years.  The IRS contacted his employers, and intructed them to change his deductions to 0 (which I have always claimed on my own).  As of our 2011 filing and them taking my whole refund too, WE now only owe $137, so it’ll all be fixed this year.  

Darling Husband is under strict instruction to not discuss finances at all with his parents because it only gets him in trouble.
 

Post # 9
Member
6124 posts
Bee Keeper
  • Wedding: August 2012

“I can’t speak for the OP, but my husband ended up owing close to that amount because he was a moron and claimed something like 6 exemptions on his W-4 as a single guy with no kids!”

That was one of the things my dad did.

Post # 10
Member
3452 posts
Sugar bee
  • Wedding: September 2012

As others have said, changing your name isn’t going to do anything for you.  If you’re married, you will have to file together or seperately, but your status will be married either way regardless of what your last name is.  Hopefully, your accountant wasn’t advising you to not change your name so you can file seperately as single.  That would be illegal.

My Fiance owes some taxes from prior years.  It’s not that much, he’s paying them money every month.  There will be a balance leftover when we file next year, so it will be taken from any refund we’re getting.  I’m ok with that, because I’d rather it be paid off then owe the IRS longer.  The interest and penalties they charge are ridiculous.

Post # 11
Member
5242 posts
Bee Keeper
  • Wedding: April 2013

@jjilyeah:  My cousin is in the same situation and her fiance owes tons of money to the gorvernment and the credit bureaus so they cant get married or her change her name until all that is cleared up because they might garnish her money knowing she is married to him. Her fiance cant even have a bank account because of his fiancial troubles!!

Post # 13
Member
3452 posts
Sugar bee
  • Wedding: September 2012

Married seperately will usually mean you are taxed at a higher rate, but he will be responsible for back taxes owed on his return and it wouldn’t affect you if you were entitled to a refund.

I got this information from a tax attorney’s website:

If a spouse owes back taxes before the two of you were married, you aren’t legally bound to repay the back taxes. However, this can be a little deceiving. If you own property jointly with your spouse, you may be susceptible to an IRS tax lien.

Once married, most couples file their tax returns jointly. Filing taxes in a joint return, legally binds both parties, so you are responsible for the combined tax bill and any issues that might come up as a result. There may be some advantages to filing separately. If you do, your taxes are your responsibility and visa versa.

The Internal Revenue Service does offer innocent spouse protection, but you will need to prove that you were unaware that your partner owed back taxes.

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